Paul Thompson, Jr. v. Captain Dolan

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 2:12-cv-00209-RBS-TEM Copies to all parties and the district court/agency.. [999809191] [15-7680]

Appeal: 15-7680

Doc: 17

Filed: 05/02/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7680

PAUL CLEVELAND THOMPSON, JR.,
Plaintiff - Appellant,
v.
COMMONWEALTH OF VIRGINIA; CAPTAIN DOLAN; LT. R. THOMPSON;
GRIEVANCE
COORDINATOR
SEAY;
BLACKWELL;
WARE;
LEWIS;
BASKERVILLE; JENNINGS; WHITE; CORRECTIONAL OFFICER COOPER;
CORRECTIONAL
OFFICER
DIMING;
VIRGINIA
DEPARTMENT
OF
CORRECTIONS, sued in their official and individual capacities,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:12-cv-00209-RBS-TEM)

Submitted:

April 27, 2016

Decided:

May 2, 2016

Before GREGORY, DIAZ, and THACKER, Circuit Judges.

Remanded by unpublished per curiam opinion.

Paul Cleveland Thompson, Jr., Appellant Pro Se. Kate Elizabeth
Dwyre, U.S. PAROLE COMMISSION, Washington, D.C.; Richard Carson
Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7680

Doc: 17

Filed: 05/02/2016

Pg: 2 of 2

PER CURIAM:
Paul Cleveland Thompson, Jr., seeks to appeal the district
court’s

order

complaint.

denying

relief

on

his

42

U.S.C.

§ 1983

(2012)

Thompson filed a Fed. R. Civ. P. 59 motion that the

district court received shortly after expiration of the period for
timely filing such a motion.

See Fed. R. Civ. P. 59(b), (e).

If

timely filed, Thompson’s Rule 59 motion extended the 30-day period
in which to appeal the district court’s order.
4(a)(4)(A)(iv), (v).

Fed. R. App. P.

Because Thompson is incarcerated, his motion

is considered filed as of the date it was properly delivered to
prison officials for mailing to the court.
487 U.S. 266 (1988).

See Houston v. Lack,

The record does not reveal when Thompson

gave the motion to prison officials for mailing.

Accordingly, we

remand the case for the limited purpose of allowing the district
court to obtain this information from the parties and to determine
whether the filing was timely under Houston v. Lack.

The record,

as supplemented, will then be returned to this court for further
consideration.
REMANDED

2